beta
(영문) 울산지방법원 2016.09.30 2016노1071

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and escaped without taking the minimum measures, such as stopping the vehicle after the accident of this case, the fact that the defendant recognized all of the crimes of this case, and the degree of injury suffered by the victim is relatively heavy, etc., but the defendant was sentenced to a suspended sentence of two years on April 23, 2015 due to the crime of the escape vehicle and the accident after the accident of this case. However, in light of the circumstances favorable to the defendant, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime of this case, etc., the sentence of the court below is too unfair, and the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.